1. Within three months of the expiry of the period referred to in Article 60(4) of Regulation (EU) 2016/679, the lead supervisory authority shall submit a revised draft decision pursuant to Article 60(5) of that Regulation or refer the subject matter to the Board for dispute resolution under Article 65(1), point (a), of that Regulation.
2. Within three months of the expiry of the period referred to in Article 60(5) of Regulation (EU) 2016/679, the lead supervisory authority shall submit another revised draft decision under 60(5) of that Regulation or refer the subject matter to the Board for dispute resolution under Article 65(1), point (a), of that Regulation.
3. When referring the subject matter to dispute resolution under Article 65(1), point (a), of Regulation (EU) 2016/679, the lead supervisory authority shall provide the Board with the following:
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(a) |
the draft decision or revised draft decision subject to the relevant and reasoned objections; |
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(b) |
a summary of the relevant facts; |
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(c) |
views made in writing by the parties under investigation pursuant to Article 19 and, as the case may be, Article 22 of this Regulation, at least to the extent that those views relate to the subject matter submitted to the Board; |
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(d) |
views made in writing by complainants, as the case may be, pursuant to Articles 16, 17, and 20 of this Regulation at least to the extent that those views relate to the subject matter submitted to the Board; |
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(e) |
the relevant and reasoned objections which were not followed by the lead supervisory authority and the objections that the lead supervisory authority has rejected as being not relevant or reasoned; |
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(f) |
the reasons on the basis of which the lead supervisory authority did not follow the relevant and reasoned objections or rejected the objections as not relevant or reasoned. |
4. The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
5. The Board shall, within four weeks of being provided with the documents and information referred to in paragraph 3 of this Article, make a preliminary determination of whether the objections referred to in Article 65(1), point (a), of Regulation (EU) 2016/679 are relevant and reasoned objections and whether they comply with Article 23 of this Regulation. Within that same period, the Chair of the Board shall register the referral of the subject matter submitted to it. As soon as the referral is registered, the file shall be provided to the members of the Board.
6. The period for adoption of the binding decision of the Board provided for in Article 65(2) of Regulation (EU) 2016/679 shall not run during the period provided for in paragraph 5 of this Article.
1. Prior to adopting the binding decision under Article 65(1), point (a), of Regulation (EU) 2016/679, the Board shall provide the party under investigation, or, where the Board’s decision could result in a full or partial rejection or dismissal of a complaint, the complainant, with the opportunity to make their views known in writing on any new factual or legal elements on which its decision is to be based, including on the relevant and reasoned objections which it intends to follow in its decision.
2. Where the party under investigations or the complainant, as applicable, are provided with an opportunity to make their views known in accordance with paragraph 1, the Board shall set an appropriate time limit not longer than two weeks for them to make their views known.
3. The period for adoption of the binding decision of the Board provided for in Article 65(2) of Regulation (EU) 2016/679 shall be suspended until the party under investigation or the complainant, as applicable, have made their views known or until the expiry of the time limit referred to in paragraph 2 of this Article, whichever is the earlier.
1. When referring a subject matter to the Board under Article 65(1), point (b), of Regulation (EU) 2016/679, the supervisory authority referring the subject matter shall provide the Board with the following:
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(a) |
a summary of the relevant facts, including regarding the processing in question; |
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(b) |
the assessment of those relevant facts in order to establish whether a supervisory authority is competent to act as lead supervisory authority pursuant to Article 56(1) of Regulation (EU) 2016/679, in particular the assessment as to whether the processing is to be considered as cross-border processing and as to where the main establishment of the controller or processor is located; |
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(c) |
views made known by the controller or processor whose main establishment is the subject of the referral; |
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(d) |
the views of other supervisory authorities concerned by the referral; |
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(e) |
any other document or information the supervisory authority referring the subject matter considers relevant and necessary in order to find a resolution on the subject matter. |
2. The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
3. Within one week of being provided with the documents and information referred to in paragraph 1, the Chair of the Board shall register the referral of the subject matter submitted to it. As soon as the referral is registered, the file shall be provided to the members of the Board.
1. When referring a subject matter to the Board under Article 65(1), point (c), of Regulation (EU) 2016/679, the supervisory authority or the Commission shall provide the Board with the following:
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(a) |
a summary of the relevant facts; |
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(b) |
the opinion, as the case may be, issued by the Board pursuant to Article 64 of Regulation (EU) 2016/679; or the decision, as the case may be, adopted by the competent supervisory authority following the opinion issued by the Board pursuant to Article 64 of Regulation (EU) 2016/679; |
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(c) |
the views of the supervisory authority referring the subject matter or of the Commission as to whether, as the case may be, a supervisory authority was required to refer the draft decision to the Board pursuant to Article 64(1) of Regulation (EU) 2016/679, or whether a supervisory authority did not follow the opinion of the Board issued pursuant to Article 64 of Regulation (EU) 2016/679, including an indication of which parts of that opinion were not followed and a reference to the relevant part of the adopted decision. |
2. The Board shall request the following:
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(a) |
the views of the supervisory authority alleged to have breached the requirement to refer a draft decision to the Board or to have failed to follow an opinion of the Board; |
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(b) |
any other document or information that that supervisory authority considers relevant and necessary in order to find a resolution on the subject matter. |
3. The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
4. Within one week of being provided with the documents and information referred to in paragraph 2, the Chair of the Board shall register the referral of the subject matter submitted to it. As soon as the referral is registered, the file shall be provided to the members of the Board.
5. Where any supervisory authority declares its intention to submit its views on the referred subject matter, it shall submit those views within two weeks of the referral referred to in paragraph 1.